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"the Supreme People's Court Interpretation on some issues concerning the application of 'marriage' of the people's Republic of China (three)" the Supreme People's Court on July 4, 2011 the 1525th meeting of the judicial committee, is hereby promulgated, since August 13, 2011 will come into effect.

two, one one

August 9th

release (2011) No. 18

The Supreme People's Court on the application of

Some problems of

"marriage law of the people's Republic of China" interpretation (three)

(by the Supreme People's court in July 4, 2011 1525th meeting of the judicial committee)

to correctly judge the cases of marriage and family disputes, according to the " http://bbs.mzjx.com.cn/mzjxbbs/forum.php?mod=viewthread&tid=1681140;marriage law of the PRC", "PRC Civil Procedure Law" and other relevant laws and regulations, make the following explanations on issues related to the people's court shall apply the law of marriage:

the first party to the marriage law stipulates that the tenth outside the case for announcing the marriage invalid http://www.bmw-parts.cn/forum.php?mod=viewthread&tid=676778, the people's court shall dismiss the application by a party concerned decision.

parties in the marriage registration procedures exist defects by civil lawsuit, revocation of a marriage registration, that he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

second one direction request the people's court to confirm parent-child relationship does not exist, and has provided the necessary evidence to prove, the other party has no evidence to the contrary but refuses to do the paternity test, the court may presume the request that the parent-child relationship does not exist principal Zhang li.

where one party brings a lawsuit requesting confirmation of the parent-child relationship, and provides the necessary evidence to prove, the other party has no evidence to the contrary but refuses to do the paternity test, the court may presume the party requesting confirmation of parentage proposition.

During the

third marriage, both parents or a party refuses to perform the obligation to support children, minor or dependent child request for payment of alimony, the people's court shall support Christian Louboutin Mariage.

During the

fourth marriage, couples party request for the division of common property, the people's court shall not support, except for the following major reasons and does not damage the interests of creditors:

(a) a hidden, transfer, sale, destruction, waste the joint property of husband and wife or forged husband-and-wife common debts, serious damage to the joint property of husband and wife interests behavior;

(two) one party has a statutory obligation to support people suffering from serious illness need treatment polo burberry homme, the other party does not agree to pay medical expenses.

fifth one of the spouses in the marriage of personal property gains, except fruits and natural value, should be identified as the joint property of husband and wife.

sixth before or during the existence of marriage, the parties agreed to a party all the property to another party, the gift in the gift of real estate registration before the revocation of the gift, the other party requests the people's court ordered continue to perform, can be processed in accordance with the provisions of the contract law article 186th.

seventh after marriage by a party of parents for their children to buy investment property, the property right registration contributor in the name of children in the marriage law, in accordance with Article eighteenth (three) of the Convention converse pas cher, as a gift only to their side, the real property shall be deemed to be a party to the husband and wife. Property.

by both parents financed the purchase of the property, the property right registration in the name of one child, the property can be identified as the two sides in accordance with their respective parents share of capital contribution by shares, except otherwise agreed by the parties.

eighth a person without capacity for civil conduct spouse has serious damage to abuse, abandonment of no capacity for civil conduct of a party's personal rights or property rights behavior, other care qualifications can according to the special program requires the alteration of guardianship; guardian after change of no capacity for civil conduct a divorce proceedings, the people's the court shall accept the case.

ninth husband to wife, termination of pregnancy without the grounds of violation of their reproductive rights to claim damages, the people's court shall not support; the couple is planning a dispute, the feelings that have been broken, a request for divorce, the people's court after mediation fails, should be in accordance with the marriage law of the third paragraph of article thirty-second (five) items provisions.

tenth one of the spouses before signing the contract for the sale of immovable property, to pay the first payment of personal property and the bank loan, repaid with common property after marriage, the registration of real property in the first payment under the name, the property will be dealt with by agreement of the parties at the time of divorce.

In accordance with the provisions of the preceding paragraph

fail to reach an agreement, the people's court may order the real estate property right registration to party, has not yet returned to the property right registration loan a party's personal debt http://free-web-hosting-domain-email.com/softaculous-to-exhibit-at-hostingcon-2012-in-boston/.Both sides together after marriage loan payments of the property and its corresponding appreciation part, divorce should be based on the provisions of the first paragraph of the marriage law of thirty-ninth principles, property right registration by one party to the other party for compensation.

Eleventh Party without the consent of the other party to sell the couple shared housing, bona fide third buy, pay reasonable consideration and property registration procedures, the other party advocates the recovery of the housing, the people's court shall not support.

spouses of unauthorized disposition of common shared housing caused a loss, divorce, the other party requests compensation for losses, the people's court shall support.

During the

twelfth marriage, the two sides with the joint property of husband and wife contribution to purchase the name of one party's parents to participate in the housing reform housing, property registration in a parent's divorce, the other party should be the joint property of husband and wife to partition the housing, the people's court shall not support.The purchase of the housing investment, can be treated as debt.

thirteenth divorced spouse has not retired, is not eligible for the endowment insurance gold, another request to split the endowment insurance in accordance with the joint property of husband and wife, the people's court shall not support; marriage to the joint property of husband and wife to pay old-age insurance premiums, divorce party a will during the marriage of personal pension account of actual payment as community property, the people's court shall support.

fourteenth if a party to divorce registration or to the people's court for divorce agreement for the partitioning of the property, if the two sides failed to reach the divorce agreement, one party goes back on his word in the divorce proceedings, the people's court shall decide the division of property agreement is not in force, and according to the actual situation according to the joint property of husband and wife segmentation Chaussettes de Football pas cher.

During the

fifteenth marriage chaussures dior homme, husband and wife as a successor to be inherited, in between the heir has not yet practical segmentation, Sue divorce request the other party split, the people's court shall inform the parties in the actual segmentation heritage heir after be prosecuted.

A loan agreement between

sixteenth couples, with the joint property of husband and wife loaned to a party engaged in personal business activities, or for other personal matters, should be regarded as the two sides agreed to dispose of the joint property of husband and wife's behavior, at the time of divorce can be in accordance with the agreement of loan agreement.

seventeenth couples to have forty-sixth of the marriage law stipulates the fault of the case, one or two party put forward a divorce damage compensation request, the people's court shall not support.

eighteenth after divorce, one party to have the common property of the couple of untreated and brought to the court by the request for the division, after review of the property at the time of divorce is not covered by the joint property of husband and wife, the people's court shall be divided according to law.

nineteenth after the implementation of these interpretations, contradict the relevant judicial interpretation of the Supreme People's court previously made with this interpretation, this interpretation shall prevail.

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